After the debate about the sanctuary of the right to abortion, LR MPs want to engrave the ban on surrogacy in stone. Thibaut Bazin has just presented a constitutional bill aimed at banning the use of surrogate mothers.
“This practice violates the basic principles of respect for the human person, the rejection of the exploitation of women and the objectification of children, the inaccessibility of the human body and the human person.”, asks the elected LR of Meurthe-et-Moselle.
The text includes one article to supplement Title VIII of the Constitution;No one can apply for surrogacy “. It was signed by 15 other elected LRs, including Xavier Breton, MP for Ain, Anne Genevard, MP for Doubs, Patrick Hetzel, MP for Alsace, and Philippe Gosselin, MP for Manche.
Legislative arsenal with “limited scope”.
In France, surrogacy is prohibited by the law of July 29, 1994 on respect for the human body. The Criminal Code already provides a sanction for the incitement to abandon a child and mediation between a surrogate mother and a person who wants to have a child. Therefore, the law also targets foreign consultants or companies seeking clients in France.
“Today, we have a legislative arsenal that prohibits surrogacy, but its scope is limited.explains Thibaut Bazin. We see more and more French people going abroad for surrogacy with agencies that organize their travel and put them in touch with clinics. The ban on surrogacy seems ineffective. To my knowledge, no agency or consultant has been convicted of soliciting or supporting French clients. In the salons they come to promote this practice. In addition, there is an evolution in case law that is increasingly favorable to recognizing the consequences of surrogacy.»
A highly contested presence
The “Désir d’enfant” show, organized in September in Paris, has welcomed American, Canadian and Ukrainian speakers who promote surrogacy for two years. Last year, their presence was strongly contested by Manif pour tous and CIAMS (International Coalition to Abolish Surrogacy), which is made up of 21 feminist associations. Both movements organized demonstrations at the entrance of the hall.
There is currently no stand or conference on surrogacy in her program this year. “This shows that taking action and fighting surrogacy is helping to get your business back on track. Politicians looked the other way. Justice too, despite the evidence we sent. Fortunately, the mobilization is effective. This is very good news for women, children and society because it is a matter of civilization ”, comments Ludovine de la Rochère, president of Manif pour tous.
“Practice a restraining policy”.
In 2019, deputy Guillaume Larive presented such a text before the examination of the bioethics law in the National Assembly. However, constitutional law proposals initiated by parliamentarians have little chance of success due to the complexity of the procedure. The text should indeed be adopted on the same terms by both assemblies and submitted to a referendum.
In this context, what is the scope of this initiative? “ As we are at the beginning of a five-year term, we need to put the topic on the table. This will be very useful if we have a draft constitution,explains Thibaut Bazin. It is also a way to draw the attention of the keeper of the seals to the need to conduct a persuasive policy.»
In a resolution voted on May 5, 2022, the European Parliament condemned surrogacy, judging that the practice could “to exploit women around the world, especially those who are poorer and find themselves in vulnerable situations.”
Source: Le Figaro
